业主委员会主体资格研究

当前,我国法律对业主委员会的性质没有明确规定,其是否具有民事主体资格,能否享有独立的诉讼权利等问题存在广泛争议。业主委员会系业主自治性机构,不具备成立法人或“其他组织”的条件。赋予其民事主体资格不仅不能解决当前存在的诉讼难题,还会陷入新的理论及实践困境。根本出路在于借鉴国外相关立法,引入“业主团体”的概念,对业主委员会制度做出相应调整,进而将其明确界定为业主团体的代表机关和执行机关。对业主委员会民事主体资格的确定有不可忽视的现实意义。

On the Civil Main Qualification of owners Committee

At present,the legal nature of the owners committee has not been clearly defined.There is widespread controversy about the civil main qualification or the litigation rights and so on.The owners committee is the self-governing body of owners and does not constitute a corporate or ＂other organizations＂.Given its main qualifications,civil presence can not only solve the current problems but also can cause some theoretical and practical difficulties.The fundamental solution lies in reign-related legislation and the introduction of ＂owners groups＂.Owners committee must make a corresponding adjustment,which will be clearly defined as the representative organ of the owners groups and law enforcement organs.This confirmation has practical significance and can not be ignored.